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S5627 (ACTIVE) - Details

S5627 (ACTIVE) - Summary

Relates to the disclosure of the list of practitioners registered to certify patients for the use of medical marihuana; provides that if the practitioner notifies the department in writing that he or she does not want his or her name and other information disclosed, such information shall not be provided on the website.

S5627 (ACTIVE) - Sponsor Memo

BILL NUMBER: S5627
TITLE OF BILL :
An act to amend the public health law, in relation to disclosure of
the list of practitioners registered to certify patients for the use
of medical marihuana
PURPOSE :
To require that the name and other information relating to
practitioners registered to certify patients for medical marihuana be
publicly available.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1: Amends section 3369 of the Public Health Law by adding a
new subdivision 4, paragraph (b), requiring that the name, contact
information, and other information relating to practitioners
registered with the department to certify patients for medical
marihuana shall be public information; requires that this information
be maintained on the department's website in searchable form; and
allows practitioners to opt-out in writing if they do not wish their
information to be public.
Section 2: Effective 60 days after it becomes a law.

JUSTIFICATION :
Difficultly finding registered practitioners is a major obstacle for
patients who could benefit from medical use of marihuana. There are
some physicians in New York registered to certify patients for medical
marihuana, but there is no publicly available list of them. As a
result, severely ill patients are forced to cold-call doctor after
doctor in hopes of finding one, or try to find information through
social media or other potentially unreliable sources. This bill would
make it clear that the public should have access to this information.
This bill would require the names and contact information of
registered practitioners to be made available through a searchable
database on the department's website. Practitioners who do not wish to
be listed may opt-out by notifying the department in writing.
PRIOR LEGISLATIVE HISTORY :
New bill in the Senate.
2016 - P-Assembly unanimously.
FISCAL IMPLICATIONS :
None.
EFFECTIVE DATE :
Sixty days after it becomes a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
5627
2017-2018 Regular Sessions
I N S E N A T E
April 21, 2017
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to disclosure of the
list of practitioners registered to certify patients for the use of
medical marihuana
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 3369 of the public health law, as
added by chapter 90 of the laws of 2014, is amended to read as follows:
4. (A) Certification applications, certification forms, any certified
patient information contained within a database, and copies of registry
identification cards shall be deemed exempt from public disclosure under
sections eighty-seven and eighty-nine of the public officers law.
(B) THE NAME, CONTACT INFORMATION, AND OTHER INFORMATION RELATING TO
PRACTITIONERS REGISTERED WITH THE DEPARTMENT UNDER THIS TITLE SHALL BE
PUBLIC INFORMATION AND SHALL BE MAINTAINED BY THE COMMISSIONER ON THE
DEPARTMENT'S WEBSITE ACCESSIBLE TO THE PUBLIC IN SEARCHABLE FORM. HOWEV-
ER, IF A PRACTITIONER NOTIFIES THE DEPARTMENT IN WRITING THAT HE OR SHE
DOES NOT WANT HIS OR HER NAME AND OTHER INFORMATION DISCLOSED, THAT
PRACTITIONER'S NAME AND OTHER INFORMATION SHALL THEREAFTER NOT BE PUBLIC
INFORMATION OR MAINTAINED ON THE DEPARTMENT'S WEBSITE, UNLESS THE PRAC-
TITIONER CANCELS THE REQUEST.
§ 2. This act shall take effect sixty days after it shall become a
law; provided that effective immediately: (a) the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date; and (b) practitioners may
make requests under paragraph (b) of subdivision 4 of section 3369 of
the public health law, as added by section one of this act. Provided
further, that the amendments to subdivision 4 of section 3369 of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05534-01-7

S. 5627 2
public health law made by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.

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